When someone passes away, emotions are high—and unfortunately, that’s often when family tensions come to the surface. As financial planners, we’ve seen first-hand how avoidable estate disputes can fracture families. The good news? Most of these situations can be prevented with a little forethought and planning.
Here are some of the most common reasons estates end up in dispute, and what you can do about them.
1. Vague or Outdated Wills
A will that hasn’t been updated—or is full of ambiguous language—can cause confusion or conflict. “Fair” doesn’t always mean “equal,” and without clear instructions, families are left to interpret the deceased’s wishes themselves.
Tip: Review your will every couple of years, or after a major life event like divorce, remarriage, or the birth of a grandchild.
2. Unequal Distribution Among Children
Leaving one child more than another can spark resentment, especially if there’s no explanation. Even with good reason, a lack of context can feel like betrayal.
Tip: If you do plan to distribute assets unequally, consider including a written explanation. A letter of wishes, while not legally binding, can help reduce misunderstanding.
3. Verbal Promises Not Reflected in the Will
“I was promised the beach house.” Verbal commitments made during life, but not formalised in a legal document, can trigger major disputes—especially around sentimental or high-value assets.
Tip: Make sure all significant decisions are documented. If it’s not in the will, it’s not guaranteed.
4. Perceived Undue Influence
Disputes often arise when one family member had more access to the will-maker – especially toward the end of life. This can raise concerns that they pressured or manipulated decisions.
Tip: Involve an independent professional, like a solicitor or financial adviser, when drafting or updating a will. They’ll assess capacity and help ensure wishes are genuinely your own.
5. No Plan for Personal Items
It’s not always the big-ticket items that cause drama. Jewellery, furniture, photo albums – these often carry the most emotional weight.
Tip: Consider creating a list of sentimental items and who they should go to, and attach it to your will. Be as specific as possible.
6. Blended Families
Second marriages and step-children can complicate estates. Without a clear plan, disputes between a new spouse and children from a previous relationship are common.
Tip: Estate planning for blended families needs extra care. Seek professional advice to balance obligations and intentions.
Closing Thoughts:
Estate planning isn’t just about dividing up your assets – it’s about protecting the people you love. A well-prepared plan can prevent conflict, preserve relationships, and bring peace of mind.
If you’re unsure where to start, or if your situation is a little more complex, let’s have a chat. We help people like you navigate these conversations every day – with empathy, clarity and practical advice.
